Badge - American Bankruptcy Institute
Badge - Utah State Bar, Organized 1931
Badge - NACBA
Badge - American Bar Association
Badge - Best Lawyer

Important Elements of a Divorce Mediation

On behalf of Gregory W. Stevens, Attorney at Law on Sunday, January 13, 2019.

In many cases, mediation can be very beneficial in lessening the stress of divorce. When choosing if mediation is the right option for your divorce, it is important to understand the process fully so that you can make an educated decision.

There are a few important elements that you should consider for successful divorce mediation.

Selection of a Mediator

In some cases, the judge may require the two parties to undergo mediation before resorting to a court proceeding. Even if a judge does not require it, you and your spouse may also opt for mediation instead of planning to go to court from the beginning. Either way, the selection of the mediator is important.

Though the judge will ultimately decide if the divorce terms will be binding, the mediator is still an important part of creating a divorce agreement with you and your spouse by facilitating the meetings. This party will be privy to details of your finances and lives in general, so it should be someone that both you and your spouse can feel comfortable with.

Preconceived Goals

There are several different aspects that a party must cover during the mediation process. In essence, everything you and your spouse joined together must now become separate again. Some factors may be more important than others. For those important things, it is good to have a goal in mind. It can serve as a starting point in reaching agreeable terms between you and your spouse. For example, if the two of you have children together, it may be very beneficial to have and present a desired custody agreement.

Negotiations

Through the mediation process, both parties must come to an agreement about the different elements of the divorce. If you and your spouse have different viewpoints, goals or desires in regard to the divorce terms, you must still find a way to come to a common ground. Therefore, negotiating may prove to be a strong part of the process.